102Application for waiver for lease transferred or assigned in

102 Application for waiver for lease transferred or assigned in special circumstances—Act, s 374 (4) (1) A lessee, or if the lessee has died, the lessee’s estate, may apply to the territory planning authority for a waiver of a noncompliance fee if the lease was transferred or assigned in any of the following circumstances (a special circumstance): (a) the lessee has died; (b) the transfer or assignment is made under any of the following orders: (i) an order of the Family Court; (ii) an order of another court having jurisdiction under the Family Law Act 1975 (Cwth); (iii) an order under the Domestic Relationships Act 1994, division 3.2 adjusting the property interests of the parties in a domestic relationship; (c) the transfer or assignment happened by operation of, or under, bankruptcy or insolvency; (d) the transfer or assignment happened in the exercise by an ADI or finance company of a power of sale under the Land Titles Act 1925, section 94 that arose from a default in payment by the lessee. (2) The application must be in writing and be accompanied by evidence of the special circumstance.